ORIENTAL INSURANCE COMPANY LIMITED Vs. G SAIBABA

JUDGEMENT

(1.) (Per the Hon'ble Mr. Justice P. Ramakrishnam Raju) The first respondent herein, the petitioner in M.A.T.O.P. No.198 of 1990 filed under Section 166 of Motor Vehicles Act, claiming compensation for the injuries sustained by him in a road accident that took place on 30-12-1989 at Nagarjuna Canal Office Petrol Pump, Khammam, due to the rash and negligent driving of the vehicle i.e., Tractor bearing AAN 9995 by the 2nd respondent.

(2.) The first respondent is working in Mandal Revenue Office, Khammam as Head Assistant. His wife, two daughters and a son are dependent upon him besides his mother and a minor brother. The first respondent was getting a salary of Rs.2,439/- per month. He was aged 40 years at the time of the accident. The first respondent was proceeding to the Office of the District Manager, A.P. State Housing Corporation, Khammam onhis vehicle i.e., Luna Moped bearing No.AAH 423 about 2.00 p.m. on 13-12-1989 and when he reached the Petrol Bunk, the Tractor being driven by the 2nd respondent in a rash and negligent manner, dashed against his Luna Moped and the front tyres of the Tractor ran over the first respondent and due to the said accident he received multiple injuries all over his body. He was admitted in the Government Hospital, Khammam and the Doctor who examined him opined that spinal chord of the first respondent was fractured, and, therefore advised that the first respondent should be removed to Osmania General Hospital, Hyderabad for treatment. The first respondent was under the treatment of Dr. V.S. Reddy, and, accordingly, the first respondent underwent two operations. The first respondent lost complete sensation from abdominal portion to the toe in view of the fracture of the spinal chord. He is not in a position to move or even lift his hands. He, therefore, employed two attendants to serve him throughout the day. The Doctors opined that the first respondent had to remain in bed for the rest of his life. He spent about Rs.15,000/- towards transport charges from Khammam to Hyderabad and Hyderabad to Khammam by engaging Taxies several times. He claimed in all Rs.5,26,824/- at the rate of Rs.2,439 /- per month towards general and special damages for a period of 18 years, taking the period of retirement at 58 years.

(3.) Respondent No.2 and 3 are the driver and the owner of the Tractor. Respondent No.4 is the New India Assurance Company Limited, Khammam. The third respondent in the O.P., is the appellant herein. It denied the material allegations in the petition. The fourth respondent denied having issued any policy of insurance in favour of the vehicle bearing No.AAH 423.